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CNBC: Man sues airline because he got sparkling wine not Champagne

CNBC: Man sues airline because he got sparkling wine not Champagne

Old Oct 22, 2017, 12:10 am
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CNBC: Man sues airline because he got sparkling wine not Champagne

https://www.cnbc.com/2017/10/20/man-...on-flight.html

A Canadian man has reportedly filed a lawsuit against Sunwing Airlines after being served sparkling wine rather than Champagne.
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Old Oct 24, 2017, 7:28 am
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This is worse than first world problems!

Also isn't there fine print someplace that everything is dependent on route and availability? I think it is literally in the in flight magazine.
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Old Oct 24, 2017, 9:12 am
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Google still has a result of "Champagne Service", but clicking through now shows
Award-winning inflight service

- Welcome glass of sparkling wine
Wayback shows, from last year:
Fly Better - Champagne Service*

- Welcome glass of sparkling wine
So it uses the word "Champagne" in the marketing name, specifically calling out "sparkling wine" in the description. Is Quebec learning from the US legal system?
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Old Oct 29, 2017, 5:09 pm
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All champagnes are sparkling wine, but not all sparkling wines are champagne.

On Sunwing I'd be more concerned about the pilot being sober, the truth be told.

https://www.thestar.com/news/canada/...-8-months.html
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Old Oct 30, 2017, 2:11 pm
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Is this guy serious? Per the googles, doesn't seem like advertising champagne and serving sparkling wine rises to the level of "high-handed, malicious" and "highly reprehensible." I guess unless you're the snobbiest of wine snobs...

Generally, punitive damages are imposed in rare circumstances where there has been high-handed, malicious, arbitrary or highly reprehensible misconduct that departs markedly from ordinary standards of decent behaviour.
https://www.lindsayllp.ca/the-histor...ges-in-canada/

I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day.
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Old Oct 31, 2017, 6:46 pm
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Originally Posted by Madone59
This is worse than first world problems!
Some people will complain about anything.
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Old Nov 2, 2017, 9:21 pm
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Originally Posted by gobluetwo
Is this guy serious? Per the googles, doesn't seem like advertising champagne and serving sparkling wine rises to the level of "high-handed, malicious" and "highly reprehensible." I guess unless you're the snobbiest of wine snobs...


https://www.lindsayllp.ca/the-histor...ges-in-canada/

I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day.
Or a cheap $10 of not so well known Champagne.
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Old Nov 5, 2017, 7:25 am
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Originally Posted by daniellam
Or a cheap $10 of not so well known Champagne.
Or a cheap $10 bottle of sparkling wine with the word "Champagne" on the label. And make him drink it on the spot as a penalty for wasting everyone's time.
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Old Nov 8, 2017, 6:22 pm
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Originally Posted by gobluetwo
I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day.
No. That just encourages them. In any sane legal system, the Registrar would refuse to lodge the case.
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Old Nov 9, 2017, 9:28 am
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Originally Posted by KDS777
All champagnes are sparkling wine, but not all sparkling wines are champagne.
Yes, I assumed that was generally known.

My point was that "Champagne Service" was a brand/product name - like advertising "The World’s Most Effective" or "Less is More” or "“Better Ingredients. Better Pizza”" - which have never been held to factual standards, per US law. I'd say "Champagne Service" falls into that realm, especially when qualified with actual services. (iirc - "Puffery is not illegal and is a common method used in advertising.").

The actual description of the service being offered specifically calls for "sparkling wine".

I don't know if product marketing tag lines are legally binding in Canadia, but in the US there's no case here.

Last edited by CPRich; Nov 9, 2017 at 9:35 am
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Old Nov 9, 2017, 12:27 pm
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We have a couple of government authorities here that investigate consumer complaints such as these kind of things (if merited), but as to the specific case law and how this action would play out at trial re: advertising standards, I cannot answer.

BTW, here in Canada, if you sue someone and lose, you pay their legal costs.

Last edited by KDS777; Nov 9, 2017 at 4:14 pm
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Old Nov 9, 2017, 2:44 pm
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Originally Posted by JamesBigglesworth
No. That just encourages them. In any sane legal system, the Registrar would refuse to lodge the case.
Of course; I was being facetious.
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